Real Estate/Environmental

Where the plaintiff holder of a second mortgage has challenged the validity of the defendant’s senior mortgage, the complaint must be dismissed because the plaintiff’s claims do not present a case for expunging or subordinating the defendant’s mortgage. “… In ...

Where the West Tisbury zoning board upheld a decision by the town’s building inspector to deny an application for a permit to build a single-family residence on a grandfathered undersized lot, the inspector and the board erred by finding that ...

A bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase had no remaining mortgage interest in undeveloped common areas, the Appeals Court has found. The development, Beechwood Village Condominiums in ...

Where a jury ruled in favor of a defendant purchaser on counterclaims arising out of a sale of real estate, the verdict must be vacated as to a conversion counterclaim, as the defendant did not establish a right to immediate ...

Where a judge ruled in favor of a plaintiff on a claim for a share of income produced from real estate owned by a family trust, the judgment must be reversed insofar as it awards $11,200 for the plaintiff’s share ...

Where a debtor filed a complaint alleging that post-discharge communications from a defendant mortgage lender were attempts to collect a discharged debt in violation of 11 U.S.C. §524(a)(2)’s discharge injunction, a U.S. Bankruptcy Court judge did not err in awarding ...

Where a plaintiff seeking to prevent a foreclosure moved to vacate a judgment entered in prior litigation initiated by the defendant lender, the motion should have been denied on mootness grounds. “The plaintiff, Stephen R. Poole, owns a residence in ...

Where a plaintiff bank claiming that its mortgage takes priority over any interest that the defendant bank may have arising from a later refinancing agreement with the borrowers, the defendant is entitled to summary judgment on an equitable subrogation counterclaim. ...

Where a defendant’s counterclaim in a dispute over registered land has been dismissed, the counterclaim should be stricken from the certificate of title. “In accordance with the Order Striking Notice of Adverse Claim and Dismissing Complaint Without Prejudice issued on ...

Where two plaintiffs have requested a judgment declaring that they are the owners of the fee in the way to which their properties abut on either side, any easement by estoppel held by the defendant has been extinguished. “In this ...